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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
municipalities; emergency measures; vote
Purpose
Subjects an emergency measure adopted by a city or town council to a referendum in the same manner as provided for nonemergency ordinances, resolutions and other measures.
Background
The Arizona Constitution grants the people the power to: 1) propose laws and amendments to the Constitution; 2) enact or reject laws and amendments at the polls, independent of the Legislature; and 3) approve or reject any item, section or part of any act of the Legislature at the polls. Under the referendum power, 5 percent of the qualified electors may order the submission to the people at the polls any measure, item or section or part of any measure enacted by the Legislature, except laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions. The referendum power is further reserved to the qualified electors of every incorporated city, town and county and requires 10 percent of the electors of the city, town or county to propose a referendum (Ariz. Const. art. 4 pt. 1, § 1).
The number of electors required of a city or town to file a referendum petition against an ordinance, franchise or resolution is computed based on the whole number of votes cast at the last citywide or townwide election at which a mayor or councilmen were chosen. A city or town ordinance, resolution or franchise may not become operative until 30 days after the ordinance's, resolution's or franchise's passage by the council and approval by the mayor. If a measure is passed over the mayor's veto, the measure may not become operative until 30 days after final approval and certification by the clerk of the city or town of the minutes of the meeting at which the action was taken, except for emergency measures necessary for the immediate preservation of the peace, health or safety of the city or town. An emergency measure may not become immediately operative unless the emergency measure: 1) states in a separate section the reason why the emergency measure is necessary and should become immediately operative; 2) is approved by the affirmative vote of three-fourths of all the members elected to the city or town council; and 3) is also approved by the mayor (A.R.S. § 19-142).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Subjects an emergency measure adopted by a city or town council to a referendum in the same manner provided for nonemergency ordinances, resolutions and other measures.
2. Requires a referendum for an emergency measure adopted by the city or town council to be filed with the city or town clerk within 30 days after the passage of the emergency measure.
3. Specifies that if an emergency measure placed on the ballot for referendum does not receive a majority of votes of those voting on the emergency measure, the measure will no longer be in effect.
4. Makes technical changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 17, 2025
ZD/KS/ci